STATE LAWS

There is a movement afoot where the states are being urged by the National Transportation Safety Board (NTSB) to lower the blood alcohol concentration (BAC) limit from 0.08 to 0.05. That new, lower limit would align the US with more than 100 countries that have a BAC limit of 0.05 or lower.

The initiative announced in May 2013 has not garnered widespread support even from anti-drunk driving advocates including some who believe that the lower threshold would be harder to enforce and a waste of resources. One state, Colorado, has already adopted the 0.05 BAC limit, but adoption by other states doesn’t seem likely.

Blood Alcohol Concentration

BAC is determined by measuring the weight of alcohol in a certain volume of blood. Alcohol is quickly absorbed and its effect can be measured within 30 to 70 minutes after a person has had a drink according to the NHTSA. Alcohol enters the bloodstream and travels throughout the body before it reaches the brain.

A persons BAC is affected by several factors including the number of drinks consumed, how fast they were consumed, body weight, gender, and whether food is in the stomach or not. There is a greater concentration of alcohol in distilled spirits than in wine or in beer. Women are more likely to retain alcohol because their body composition includes more body fat and less water than men. And the heavier you are the more likely you’ll handle your alcohol consumption better as there is more water present in your body.

Typical Effects From Consuming Alcohol

Researchers have discovered symptoms or effects of drinking that occur at various levels of BAC. These effects can negatively impact driving ability even with a small amount of alcohol consumed.

At 0.02 BAC, the body relaxes, some loss of judgment is noted, and the mood may be altered. Researchers note that drivers may experience a decline in both visual functions and the ability to perform two tasks at the same time.

When a 0.05 BAC is reached, exaggerated behavior, lowered alertness, and the loss of small-muscle control (eye focus) have been observed. For drivers, that may mean reduced coordination, difficulty steering, and reduced response time. This is the level where Colorado goes after impaired drivers.

At 0.08 BAC muscle coordination becomes poor, danger is harder to detect, and reasoning, self-control, and judgment are impaired. Behind the wheel the driver may experience short-term memory loss, have difficulty concentrating, experience impaired perception, and have more difficulty processing information. It is at 0.08 where 49 states and the District of Columbia currently draw the line.

In the late 1990s, states began to switch from 0.10 BAC to 0.08 BAC as the legal limit for impaired driving. In 2000, Congress adopted 0.08 as the national standard. At a 0.10 BAC, reaction time and control deteriorates, marked by poor coordination, slow thinking, and slurred speech. For drivers, a predictable effect includes a reduced ability to maintain lane position and proper braking.

Notably, the first BAC level recommended by the American Medical Association in the late 1930s was 0.15. At that level balance and muscle control are compromised, and the driver is substantially impaired and unable to control the vehicle. By the 1960s, states began to adopt the 0.10 limit that stayed in place through the end of the last century.

Pro and Con: 0.05 BAC

The NTSBs push to a 0.05 BAC would capture just 8 percent of all drivers caught in a fatal crash. Drunk driving deaths have fallen from more than 20,000 people annually to about 10,000, a number that is far too high, but reflective of what tighter laws and prosecution have accomplished. If 0.05 BAC was universally adopted, the NTSB estimates that an additional 1,000 lives could be saved annually.

But not everyone thinks that a move to 0.05 BAC is a good thing including Candace Lightner, founder of Mothers Against Drunk Driving (MADD). Lightner whose own daughter was killed by a drunk driver told US News that she doesn’t believe that this is a practical, long-term solution. Instead, she contends that many more deaths can be prevented by going after distracted drivers, drugged drivers, and high-BAC drunk driving. That is something that can be done by vigorously enforcing current laws and installing interlock devices in cars to stop convicted drunken drivers from getting behind the wheel a second time while intoxicated.

There are 38 states where police can set up traffic roadblocks, stop you and observe whether you have been drinking. If suspected of being under the influence you may be asked to step out of your car and consent to a sobriety check. And if you refuse a test you state may automatically suspend your license and impose a fine.

Such checkpoints are part of wider drunk driver deterrence programs typically initiated at the state level and enforced locally. Checkpoints or roadblocks are often identified by warning lights and signs with vehicles queued in lines for officers to check each one or a select number such as every fifth vehicle.

Off-Hour and Holiday Checkpoints

They’re usually set up at night, in the early morning hours, on weekends, and on select holidays when drinking rates spike. At certain times of the year they may be an extension of a federal drive sober or get pulled over campaign that kicks in around the Christmas-New Year season and again on major holidays such as Independence Day and Labor Day.

In 12 states sobriety checkpoints are not administered and may be prohibited by state law or by the Constitution. Indeed, in Texas such checkpoints are considered illegal based on the states interpretation of the US constitution.

How each state conducts sobriety checkpoints varies widely across the nation. Well take a look at various state laws as assembled by the Governors Highway Safety Association (GHSA) and conclude with legal guidance to help protect your rights after a sobriety checkpoint arrest.

Sobriety Checkpoint Frequency

The adjoining states of Arizona and California both allow sobriety checkpoints, but the frequency of roadblocks varies sharply. In Arizona, checkpoints are administered at least once per month. In California, the state conducts more than 2,500 checkpoints annually for an average of more than seven per day across the Golden State.

Other states that parallel Arizona in frequency include New Jersey, Oklahoma, Tennessee, Nevada, Kansas, and Missouri where such tests are conducted once or twice per month. In Utah, roadblocks are set up about every other month.

Arkansas, Georgia, Hawaii, Kentucky, Maryland, Mississippi, New York, North Carolina, South Dakota, Vermont, Virginia, and West Virginia conduct weekly sobriety checks. Among the more aggressive states include Pennsylvania and Illinois which claim several hundred checks per year, Nebraska with six to 10 per month, and Massachusetts and Ohio, which report that checks are conducted throughout the year.

In Delaware, sobriety checks are conducted monthly for the first six months of the year and then weekly for the last six months. Head to Florida and there are 15 to 20 checkpoints held each month. In New Hampshire, roadblocks are set up weekly, weather permitting.

Roadblock Legality

Sobriety checkpoints are often challenged by opponents with these cases often winding up being heard by the highest law in the land the respective states supreme court. Kentucky, California, Mississippi, and Maine are among the states where they’ve been upheld under the US constitution.

In Massachusetts, Maryland, New Jersey, Vermont, and South Dakota, sobriety checkpoints are upheld under both federal and state constitutions. Nevada, North Carolina, and Hawaii checkpoint laws have been upheld by state statute.

Alaska does not conduct sobriety checks because it says the state has no authority to do so. Iowa, Michigan, Minnesota, Oregon, Wisconsin, and Wyoming are among the states where roadblocks are illegal or no authority has been given to the state. And in the state of Washington, a 1988 ruling made such roadblocks illegal under certain conditions.

Sobriety Checkpoint Arrest

Even where legal, roadblocks must carefully follow guidelines including those recommended by the National Highway Traffic Safety Administration (NHTSA). For example, roadblocks may not impede the flow of traffic and should be set up to allow drivers to avoid the checkpoint. They cannot distract drivers and roadblocks should be clearly marked with law enforcement personnel making their presence clearly known. The process should be applied uniformly and stopped drivers should be asked for their feedback.

If you are arrested, do not speak to the police without your attorney present. Never give a written statement without your attorneys consent. Contact an attorney immediately and be prepared to collect and document your own evidence. Sobriety checkpoints may be legal, but you guilt is not automatic.